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I did qualify for the Navy band musically. I have my bachelors

 
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I did qualify for the Navy band musically. I have my bachelors degree in music education, and masters in clarinet performance. Three years ago I had surgery to correct spondylolisthesis, so technically I am fixed and no longer have the condition. I did have a single spinal fusion. I was cleared by my surgeon 2 years ago with no restrictions. I went to the recruiter and took my ASQT and scored a 95, went through MEPS and filled out a waiver packet. I just heard from my recruiter that my waiver was denied. Is there any recourse for me to have this looked at again. I am willing to sign a paper that would absolve the Navy from any claims on my part if I would be injured in basic training. Since I would be in the Navy band I don't think there would be many physical injury possibilities after basic. Please give me your opinion. Thank you.

 



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Was willing to get current scans to show back is completely fixed and healed. Since I just got the news tonight, I will check with the Navy music people that told me I would have a job, and will have my recruiter check with the waiver people to see if I can do anything.

Submitted: 265 days and 2 hours ago.
Category: Military Law
Value: $59
Status: CLOSED

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Expert:  jagcorps_esq replied 265 days and 1 hours ago.

Thank you for your question today, I look forward to assisting you. I have nearly 20 years of legal experience in various disciplines, including JAG.

Unfortunately, there is not. In fact, the waiver request is actually the appeal to the original denial that you are not even aware occurred. Waivers are actually appeals made by the only person that can make them, a recruiter.

Your only recourse is to find a different recruiter, perhaps a different branch, and apply again through a different person so that a different approval authority gets to review the waiver request.

Expert TypeLawyer
Category: Military Law
Pos. Feedback: 96.3 %
Accepts: 3360
Answered: 7/15/2012

Experience: Lawyer and current JAG officer.

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Customer replied 265 days and 1 hours ago.

Would I be able to go to a Navy recruiter in another area, or would I have to apply to another branch of the military. I would want to stay with the Navy if at all possible. I had a recruiter in San Antonio TX, where I was going to graduate school. I have now graduated and am on the east coast. Could I try a Navy recruiter in Philadelphia and possibly get a different result?

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Expert:  jagcorps_esq replied 265 days and 1 hours ago.

You can go to another Navy recruiter, sure. You'd have to disclose that you have been turned down before, but each recruiting station has their own commander who is the authority for their waivers.

So yes, you could try a recruiter in a different state and get a different result. No guarantees, but it is possible.

 
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